If my renters changed the locks on my house, can I have a locksmith come open the door?

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If my renters changed the locks on my house, can I have a locksmith come open the door?

The renters were suppose to be gone by the end of the month but now they have changed the locks on my own house. Do I have the right to have a locksmith come out and get into my house since there contact is up and they were suppose to leave. They have already been given the written 20 day notice because they broke the month-to-month contract. I think they have moved most of there stuff out. I want to make sure they haven’t stolen my appliances.

Asked on August 3, 2011 Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You *can* change the locks, if the renters did not have the permission to change them, just as you may make other repairs to the premises or take steps to make sure you can access the space at need. Unfortunately, if you change the locks, you will have provide the renters with the new keys, since even when renters themselves violate the lease or the law, you cannot simply lock them out. Rather, to get rid of these renters, you will have to evict them under the law--i.e. go to court, get a judgment of possession, then get a writ or warrant of removal which a court officer (or sheriff or constable) will then execute, to evict them. You should retain a lawyer to help you--that will help you get this done more quickly.

You may charge the renters the cost of changing the locks and of any missing/stolen applicances; you can take it out of their security deposit when their tenancy is over, and then if necessary, sue them for any additional remaining balance or amount.


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